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High Court of KeralaWP(C)/31850/2014disposed of

Nirmala Nandanan v. Perumpilly Co-Operative Society Limited No.396

2015-01-12Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 31850 of 2014 (E) ---------------------------- PETITIONERS:

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1. NIRMALA NANDANAN, AGED 63 YEARS, KAITHAVALAPPIL HOUSE, KAITHARAM P.O., KOTTUVALLY ERNAKULAM DISTRICT, PIN-683 519

2. K.N. SELVARAJ, AGED 43 YEARS, KAITHAVALAPPIL HOUSE, KAITHARAM P.O., KOTTUVALLY ERNAKULAM DISTRICT, PIN-683 519.

BY ADVS.SMT.K.R.KRISHNAKUMARI SMT.P.V.RADHAMANI RESPONDENTS:

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1. PERUMPILLY CO-OPERATIVE SOCIETY LIMITED NO.396, NARAKKAL, PIN-682 505 REPRESENTED BY ITS SECRETARY.

2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) , KOCHI-682 001.

3. INSPECTOR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOCHI-682 001. R1 BY ADV. SRI.KURIAN ANTONY EDASSERY R1 BY ADV. SMT.ANN EMIL JOSEPH R1 BY ADV. SRI.BOSE K.THACHIL BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31850 of 2014 (E) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 - TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK ISSUED BY THE FIRST RESPONDENT TO THE 1ST PETITIONER EXT.P1(a) - TRUE COPY OF THE RECEIPT DATED 23-03-2010 ISSUED BY THE FIRST RESPONDENT TO THE 1ST PETITIONER EXT.P2 - TRUE COPY OF THE DEMAND NOTICE IN EP.184/11 DATED 21-11-2014 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER EXTP3 - TRUE COPY OF THE DEMAND NOTICE IN EP.184/11 DATED 21-11-2014 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 31850 OF 2014 ------------------------------------ Dated this the 12th day of January, 2015

JUDGMENT

The award in the arbitration cases filed by the first respondent Society has become final. The award is put into execution against the petitioners. The petitioners seek easy instalments to repay the award amount and to defer the execution proceedings in the meanwhile.

2.

I permit the petitioners to remit the amount covered by the award in the arbitration cases. The amount shall be paid in six equal monthly instalments starting from 15.02.2015. The execution proceedings (EP No. 184/2011) shall be put on hold if the petitioners comply with the conditions in time. The coercive steps can surge ahead if the petitioners commit default in the payment of instalments as directed.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd